Assuming I140 will not be apprved by March 2008, can we get 1 year Extension?

University of Iowa Hawkeyes

addsf345

10-22 06:18 PM

I was eligible for EB-2 but as company wouldn't file any case in EB-2.

My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.

Thank you "KabAyegaMeraGc". However one thing I don't understand why the consular processing?

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nareshg

12-15 07:40 PM

Still Wondering why would they sent so early:(..never understand crazy CIS and its dynamic policies..

I thought many who had submitted in July 2007 (July fiasco) had got FP notice...but not sure....

anyways, does anyone know about what I am asking...once you get the biometrics processing stamp, does that mean that they have sumibbted for security clearance usiung the fingerprints or does it mean that the security clrearance is done ?

My view is immigration intent part will not impact much. Just it is giving more power to consulate. Consulate may reject some candidates who are not having strong job offers. It is similar to F1 visa. But nowadays F1 visa rejections are very less compared to past

Could you please point out the section where it says dual intent for H1 will be removed ?

I would rather fight it here without sending her to India (it happened to me). If you (primary) are living here legally with all your past H1's available in hand, then you hire a gora lawyer. Don't go to Murthy or Rajiv Khanna, they charge hefty. Basically what you need to do is - 1) Your wife writes an affidavit on legal note explaining the whole story that she forgot, but has been maintaining the status legally until then. (the lawyer will help you with this). You have to build a case they you are living legally with a good intent but just forgot to renew... 2) Attach all H1/H4 copies of yourself and her with I-94. 3) Fill in H4 renewal application 3) Have the lawyer send all paperwork it to INS asap

When INS sees the legal note from attorney, they understand the case is legitimate and mostly approve her H4 renewal. This is what I did when it happened to my wife, and it got approved. However we delayed by 2 weeks. Worst case, you would fight the case in a federal court to prove your innocence, and they just approve it then.

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bala50

02-18 10:32 AM

And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.

But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically. Fear of recession may also reduce new H1B visa demand.

I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.

Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.

My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

I noticed that the bottom part of the 797 has the same number as my old I-94.

I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.

The U.S. Government has undertaken a variety of efforts since September 11 to enhance border security. If you are traveling to the U.S. with a nonimmigrant visa, and are taking a short trip(s) to Canada and Mexico, review the Automatic Revalidation webpage on the CBP website. Anyone who has applied for and been refused visa issuance at a border post is prohibited from re-admission or re-entry to the U.S. in the same visa category, even though they are in possession of a valid I-94 form. Travelers who are citizens of countries on the State Department's list of State Sponsors of Terrorism are prohibited from re-entering the U.S. using solely an I-94 form if their visa has expired.

Same here. Mine & my wife's 485s were wrongfully denied last year. We gave USCIS a chance to fix their mistake on the file. They fixed it. If they shouldn't have fixed it , I would be a mini millionaire by now :) But, my online status still shows as denied. Last month we got our EADs and APs renewed without any issues. So, I don't care about the online status.

I think it is like a orchard of mangoes miles long. The riped mangoes are plucked and the farmer moves on to the next tree. He has to walk up and down the whole stretch every month in the second week to determine what's ripe and what's not. He then comes back with his helpers with baskets . There might be some accidental drops of ripe mangoes which get lost for a while :) Just my analogy of EB immigration .

Thanks, but will there be any charges against me for not filing the taxes before. WIll it effect my immigration status.

What I heard from others is: 1.If we owe money to State/Fed then it may be a problem 2.No problem if we are supposed to get money from State/Fed

I May be wrong , but check with others too

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zimmy100

03-24 12:30 PM

Friends,

I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my I-140 got approved on Sep.

In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.

When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.

Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.

Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back? I do not know how can I trust this answer. Share your thoughts...

-Thanks for your thoughts..

JunRN

06-02 06:18 PM

What happens when a new I-140 was filed but was denied, will USCIS consider the previously approved i-140 for the AOS (i-485)?

nirenjoshi

05-25 09:51 AM

Several things to consider before making any decisions. 1. Online degree programs usually have lesser value. Maybe if a very reputed university offers it and they specifically mention that your degree wont have any mention of online - then it might be worth looking into. 2. If you wish to change careers and are interested in the university's career resources, first make sure that any online or part-time students have access to those career resources - many universities dont allow their part-time students access to their regular career services - For example, UNC-CH doesnt. 3. If you can, talk to a current student who is enrolled in the program that you are considering - if you talk to the admissions officer of any program, they will be glad to connect you to their current student to answer any questions that you might have. You should ask the person for an honest opinion - do they think its worth it - how do they think it will help their career, etc. 4. Consider how much will it cost and can you manage it - consider the potential increase in earning after you complete the program, get a new and better job or get promotion. 5. Its not just what you learn in the class that will help you -you will develop excellent contacts (if you are in a classroom course). Many times students get job leads through such contacts. 6. Carefully consider what impact will it have on your family life - if you are married and have kids - talk with your wife and consider if you will be able to devote time to studies. 7. Finally, remember, education is the best investment and will never go waste, no matter where life takes you. All the Best!